NOTES OF OCTOBER 26, 2015 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills, Town Finance Director Cyndi Gillespie.
Also present and sitting in the audience: Public Works Director Dennis McCarthy, Interim Fire Chief Tom Lambert, Police Chief Kevin Walsh, Town Clerk Beth Yeaton, Planning Administrator Kim Reed. Rye Fire Lieutenants Jake McGlashing and Charles Gallant.
Persons present from the public included: Portsmouth Police Chief Steven Achilles (Fire Chief of Portsmouth), Peter Crawford, Chairman of Portsmouth Fire Commissioners Richard Gamester, Alan Gould.
Editor’s
note: For ease in finding particular
sections using the archived video and audio on the Town website, the elapsed
time is indicated. Use the slider and
the elapsed time indicated at the bottom of the video window to fast forward to
the desired section. Videos on the Town website may currently be accessed
at www.town.rye.nh.us by clicking on
“Town Hall Streaming” at the bottom left of the screen. Follow the link for “Town Hall Live
Streaming,” then find the meeting by date under “Previous.”
The video starts
at 6:46:55 p.m. (0:00 elapsed). The
audio is off until 6:49:47 (2:52 elapsed)
Summary
Sealing of minutes (3:10 elapsed)
The Selectmen voted to seal the minutes of
the non-public session just concluded.
Announcements (4:08 elapsed)
It was announced that
trick-or-treat will be the upcoming Friday from 5:00 to 7:00.
Summary of Rising Tides Conference (4:20 elapsed)
Selectman Jenness
stated that, the prior weekend, she had spent three days at the Ashworth Hotel
in Hampton Beach participating in the Rising Tides Conference. It was sponsored by Bob Lister, the Mayor of
Portsmouth, and State Senator Nancy Stiles.
A lot of work was done by the Union of Concerned Scientists. Elected officials from 18 of the 23 coastal
states in the U.S. were present.
Rising tides are well-documented by
scientists, she said. Many stories were
shared by participants. Dawn Zimmer of
Hoboken was the star of the show. She
showed photos of her city, 60% of which was under water, before and after the
flood. Selectman Jenness
stated that she cannot imagine having 60% of Rye under water, but a conference
participant sitting next to her from the Alabama coast referred to 98%
inundation. In Rye the issues have been
minor, or nuisance flooding. However the
duration, number and intensity of the storms have been increasing.
Dr. Kathryn Sullivan, the Administrator of
NOAA stated that what happens on the coast has a ripple effect. Twenty-five percent of the New Hampshire
population is in the coastal region and there is a strong economic engine here. If that is damaged the ripple will affect the
rest of the state.
FEMA’s Deputy Associate Administrator for
Insurance and Mitigation Roy Wright addressed the conference. He proposed legislation including stronger
teeth in building codes applicable when building or rebuilding is to
occur.
A representative of the Army Corps of
Engineers proposed dunes and berms.
More citizen involvement is needed,
Selectman Jenness asserted. The 50 Rye residents who participated in the
recent workshops are not enough for a town of 5600. The hazard mitigation plan which states how
FEMA would address any rebuild needs to be
reviewed.
Planning Administrator Kim Reed stated that
there would be a meeting the upcoming Thursday.
The Town has a grant and this document would be updated, she said.
Selectman Jenness
stated that the building codes need to be updated, particularly as they relate
to building in storm-sensitive areas.
Consent Agenda (12:12 elapsed)
The two items on this agenda, which granted
permission for the Conservation Commission to accept and expend funds of $500
for the Goss Farm, and permission for a bake sale by the Rye Youth Softball at
the Recycling Center, were unanimously approved.
Minutes (12:49 elapsed)
The minutes of October 14 were approved with
changes. A change was made to delete the
reference to the Rye Harbor Bridge being unstable. Public Works Director Dennis McCarthy stated
that this was stated by the CIP Committee, not him.
The minutes of the non-public session on
October 14 were approved without changes, as were the minutes of two non-public
sessions on October 22.
Appointment of Dan Fuglestad as Rye Police
Officer (15:41 elapsed)
Police Chief Kevin Walsh introduced Mr. Fuglestad. He is
from Medfield, MA. Chief Walsh
summarized his background. He received a
Bachelor of Arts degree in Sociology, with a minor in Justice from the
University of New Hampshire in 2012. He
is cheerful, a hard-worker and can work independently. Selectman Musselman
stated that Mr. Fuglestad had met with the Selectmen
in non-public session.
Town Clerk Beth Yeaton
then swore in Mr. Fuglestad. There was applause afterwards.
Selectman Mills related
a story about a jet ski from Wolfeboro and the rising tide having inundated the
owner’s vehicle.
Fire Department consolidation (19:33 elapsed)
Town Administrator Magnant
stated that, after former Fire Chief Sullivan retired, the Town entered into
discussions with Portsmouth regarding consolidation. There were a series of meetings with Chief
Achilles and Fire Commissioner Gamester.
The Selectmen then asked him, Interim Fire Chief Lambert and former Town
Administrator Gould to form a group to look into this further. Editor’s
note: Mr. Gould is also the former
Police Chief of Rye. The Selectmen
have the report in front of them.
The report provides information about the
two departments and talks “a little bit” about consolidation and the
opportunities, Mr. Magnant said. Having Portsmouth take over the command
function of the Rye Fire Department was discussed. The options to the Town are:
1.
Status quo.
There has been a part-time Fire Chief for 8-9 years.
2.
Returning to a full-time Fire Chief as Rye has had in
the past.
3.
Some form of consolidation such as contracting with
the Portsmouth Fire Department to perform the command function.
4.
Equipment consolidation. This would be difficult without some form of
operational consolidation, he asserted.
Mr. Magnant
stated that Chief Achilles, Commissioner Gamester and Alan Gould are all here
to answer questions.
At the invitation of
Selectman Mills, Portsmouth Fire Chief Achilles came up to sit at the
Selectmen’s table. Selectman Mills
stated that he has a pager and listens “quite constantly” to the calls. Some of the Chiefs are not happy with that
but two additional firefighters were hired as a result of his monitoring of the
calls. That improved service
tremendously, he asserted. Selectman
Mills then complimented Chief Achilles on two recent incidents where the
Portsmouth Fire Department had assisted Rye in handling calls.
Chief Achilles stated
that, operationally, the departments work well together. He denied however that Portsmouth
self-dispatches itself to Rye in the absence of a request. Editor’s
note: Later in the discussion it was
revealed how the requests were made to Portsmouth.
Selectman Mills then
invited Chief Lambert to come sit at the table as well.
Selectman Musselman asked what improvements in terms of response
time, training or personnel might result from the consolidation as
proposed.
Portsmouth Fire Chief
Achilles stated that the Rye Fire Department is very good now,
however, the staffing is limited to 2-3 firefighters on duty, which allows one
unit at a time to be deployed. Editor’s note: Rye owns two pumper trucks, one quint (which
is a combination ladder truck and pumper), one small forest fire fighting
truck, plus the ambulance. No tank truck
is owned although certain of the trucks have small integral water tanks. Mutual aid or the recall of off-duty
personnel is relied on to provide more units.
With a four station model and a lot of reserve apparatus response would
be more automatic. Editor’s note: Portsmouth
currently has three fire stations: one
at Pease, one downtown, and one near the intersection of Lang Rd. and Route 1. Instead of two people responding there could
be an additional 13. Training and Rye’s
experience along the waterfront would benefit both departments. The Rye Fire Department would not lose its
autonomy. It’s important to keep the
call personnel and lifeguard staffing intact.
Twenty-four hour coverage of a chief officer and other support personnel
would be gained, he said.
Selectman Musselman asked about the availability of
a Chief 6-8 hours per week. Chief
Achilles clarified that this would be someone physically in the Rye Public
Safety Building during that time.
Selectman Musselman noted that a clerical
staff member would be available 20 hours per week. He asked Chief Lambert how many hours a week
he worked.
Rye Fire Chief Lambert
responded that it was 32 hours.
Selectman Musselman asked what functions would
be lost if his hours were reduced to 8 and a clerical staff member was
available half-time. Chief Lambert
stated that he spends a lot of time now in planning. He also coordinates groups, providing
continuity between shifts.
Portsmouth Fire Chief
Achilles stated that not all of the Portsmouth stations have a Chief
present. With him and his two deputies
Rye would not be getting anything sub-standard.
No promotions would be needed.
Portsmouth and Rye would both continue to run with a supervising officer
for each shift.
Selectman Musselman asked about the challenges listed, which for Rye
are fear of change, union resistance, inequitable sharing of resources, loss of
control, difference of department philosophies and culture. Chief Achilles stated that both the officers
and firefighters unions in Portsmouth were in support.
Selectman Musselman asked about Rye.
Rye Fire Chief Lambert stated that all of the challenges listed were
applicable. He has not heard a stand,
one way or the other. There is anxiety
and a wait-and-see attitude.
Portsmouth Fire Chief
Achilles stated that the cultural issues are not insurmountable. The department has come a long way since Mr.
O’Brien was chief. A lot of the people
that Rye has hired Portsmouth would also hire.
Selectman Musselman noted that Rye is cheap, and cheaper than
Portsmouth. That is a point of pride, he
said. There was discussion about the Rye
Fire Department ultimately reporting to the Selectmen while the Portsmouth Fire
Department ultimately reports to a Fire Commission. Chief Achilles noted that some expenditures had been rejected in Portsmouth as well. The question in both Rye and Portsmouth is
what does the community want, he said.
Mr. Magnant
noted that he looked for a book on consolidation. The only one that he found was written by
Chief Achilles. One of the things that
he says is that it is necessary to do what is best for the residents. Down the road, consolidation presents the hope
that it would save significant costs. He
asked how consolidation would improve service for Rye taxpayers.
Chief Achilles stated
that more assets would be leveraged in a timely fashion. The assets of two communities would be
leveraged, including taxpayers other than citizens. It would be easier to absorb financial
challenges. The Rye Fire Department does
a “bang up job” with what they have. It
would be better if there were 3-5 people on a shift with the resources to
manage the first 5-10 minutes with that number of people. A recent structure fire in Portsmouth was
handled for the first 7-8 minutes with 3-4 people. That is very taxing, he said. Rye is counting on two people to provide the
initial response.
Selectman Musselman noted that Rye is 1/5 the size of Portsmouth in
terms of staffing and the number of calls.
However, Portsmouth has four engines while Rye has two. Editor’s
note: Rye also has a utility vehicle for
fighting forest fires. Portsmouth
has two aerial ladders, Rye has one quint.
Editor’s note: A quint is able to serve as both a pumper and
a ladder truck. Rye cannot get to
3-5 people with a reasonable financial commitment that is similar to other
communities of Rye’s size. There is an
economy of scale that Chief Achilles is describing how to leverage, he said.
Chief Achilles stated
that there are not 4-5 pieces of equipment in their stations. Over time, the capital expenses for Rye
should go down as not all of the pieces of equipment required for a full
department would be needed.
Selectman Musselman asked how decisions on who is responsible for
paying for jointly-used equipment would be made. Chief Achilles stated that that would need to
be part of the agreement. It might not
be necessary to determine that initially.
Selectman Jenness stated that the questions had been good. No decision would be made tonight. There is a lot of information to review. The section on challenges lays out a lot of
things.
Selectman Mills stated
that he did not disagree. There is
safety in numbers. Lafayette is two
minutes away. Rye doesn’t have the calls
that Portsmouth has Friday and Saturday nights with the bars closing. It is going to take awhile. The equipment issue will have to be sorted
out based on usage.
Selectman Musselman asked Alan Gould what he thought. Mr. Gould stated that he agreed with
everything that has been said. He has
addressed consolidation in another context.
One police department that he has worked with had two towns merge their
departments. It has not worked out and
now a department needs to be created. In
this proposal it is a simple business transaction that can be undone. He spoke about the standard operating
procedures complying with best practices.
At some point Rye is going to have to determine what to do as there are
not many people with experience as a senior officer within commuting distance
beyond Chief Lambert and Chief Sullivan, he asserted. Editor’s
note: This of course assumes that no
suitable candidate for the position would be willing to move and that there are
no suitable candidates within the Department who could be promoted to Chief.
Selectman Musselman asked about a trial period with an assessment
three months prior to the expiration.
Chief Achilles suggested a one year trial. There has been a contract with New Castle
relating to ambulance service and a memorandum of understanding with Greenland
for ambulance service. Portsmouth does
not like multi-year contracts, he said.
Selectman Musselman noted that Portsmouth is growing
administratively. It has recently taken
over New Castle’s water system.
Portsmouth does a wonderful job for Rye on welfare. Rye is talking to them about other services,
he said.
It was confirmed that
neither Richard Gamester (Chairman of the Portsmouth Fire Commissioners) nor
the Portsmouth City Council would have any role in Rye.
Alan Gould asked
whether Rye wanted a “pushy” Fire Chief.
Mr. Magnant interjected, “Just think, you had
a pushy Police Chief at one point.”
There was laughter.
Selectman Mills stated
that he would like to see this pursued on a regular basis. Selectman Musselman
agreed, provided that it is decided that this option is to be pursued. There are other options as well, he said.
Lieutenant Charles
Gallant, President of the Firefighters of Rye, stated that Portsmouth had
included their unions in some discussions.
He suggested that he be involved.
Selectman Musselman stated that was an issue
between Chief Lambert and him.
Lieutenant Gallant stated that they were up in the air and have no idea what is going on.
Selectman Jenness stated that rumors intensify anxiety. Selectman Musselman
agreed that whatever can be shared should be.
He suggested a work session with Chief Lambert, with possible input from
others. Mr. Magnant
agreed. A copy of the report can be
given to the union and issues or concerns addressed with Chief Lambert, he
said.
Lieutenant Jake McGlashing, 296 Grove Rd., asked for a copy of the
report. It was agreed that this was
public information. Editor’s note: No copy of the
report was found on the Town website as of November 1, 2015.
Parsons Creek Stormwater
Loan Program (61:41 elapsed)
Planning Administrator
Kim Reed stated that Forrest from FB Environmental was present, along with Rich
and Rob from the Horsley Witten Group, Sally Soule from New Hampshire DES and
Barb McMillan. She wants the experts to
talk to the Selectmen. They are looking
into a feasibility study. No smoking gun
has been found with respect to the source of pollution of the Parsons Creek
Watershed. A loan has been brought to
their attention through a 319 grant.
Forrest passed out a
copy of a presentation. Editor’s note: No copy of the presentation was found on the
Town website as of November 1, 2015.
He stated that he works out of Portsmouth for FB Environmental. Rich Claytor,
President of Horsley Witten has traveled here from Cape Cod. He has dealt with similar coastal bacterial
issues.
Forrest stated that he
had been coming to meetings here for five years. He showed a map of the Parsons Creek
Watershed. Rye is a wetland-dominated
land use. Bacteria
tracking is a tricky business, he said.
Monitoring in Rye
started in 2004. That’s when high counts
were found. This body of water needs a
big reduction based on State criteria.
Based on literature and the age of systems, a 24 percent septic failure
rate has been estimated. Storm water and
septic systems are the likely suspects in terms of the high bacteria counts, he
said.
Forrest showed a map
with each lot in the watershed colored based on the risk factor, a lot of which
is based on the soil and water table level.
In addition, a map of beachfront parcels showed a survey based on the
age of systems.
The standard is 104,
but counts of 19,000 during dry weather and over 24,000 after a rain event have
been seen. In his experience over 13
years, he has only seen counts this high in Lincolnville, Maine.
A canine (i.e. septic
sniffing dogs) study was done in 2013.
It determined that the source is human, not animal. The dogs have a
86-100 percent success rate with no false positives. The dogs hit only on human waste.
Forrest showed a map of
where the samples had revealed high counts of human fecal material. These were on both sides of Marsh Rd.
adjacent to the Wallis Sands State Park parking lot. Other locations with high counts were at the
Parsons Creek outlet and two locations north of there, Marsh Rd. Pond, near Geremia Rd. off of Brackett Rd. and an additional location
south of there. Editor’s note: The Parsons Creek
outlet is near a beach at Concord Point.
The Marsh Rd. pond
samples were conducted on October 20, 2015.
In 2008 and 2010 the counts were low so resampling had not been done
since then.
A smoking gun has not
been found. They are finding highly
saturated septic systems in a wetland complex, Forrest said.
Selectman Jenness asked when they would start knocking on doors. Forrest indicated that, while they were close
to that, he was not sure that they wanted to do that until there is a solution
in mind. It is difficult because, where
there is no water it is not possible to test.
There was then discussion about whether dye testing of toilets would be
effective. The consensus appeared to be
that, often, the dye would not make it through the layers of soil or sand.
(80:50 elapsed)
Sally Soule of New
Hampshire DES stated that Rob Livingston of DES had traveled to the Marsh Rd.
area and walked the entire border of the marsh and took samples without finding
any septic systems in outright failure.
His numbers looked a little lower, but that is the nature of bacteria,
she said.
This problem is going
to be difficult to solve and is unlikely to be solved for the amount of money
that is in the grant, she said. There is
money to do cursory evaluations of septic systems, including opening up of the
ground and looking at the leach fields and baffles. There is some money for cost sharing of
system replacements but the amount is small.
The town is dealing with saturated soils, space constraints, systems
that are likely old and a lot of systems in a tight area.
Ms. Soule stated that
Kim Reed had asked her to look into SRF loans which are available to
communities to do this type of work, which would be a feasibility study aimed
at fixing more than one home at a time.
The town would borrow the money, getting 20 percent principal
forgiveness, to look at what could be done and the cost. The town is on a pre-approved list to borrow
the funds, however there is no commitment.
A request would need to be put on the warrant to borrow the funds, she
said. Barb McMillan added that the
interest rate would be less than one percent over the first five years with the
ability to pay the loan back at any time.
Selectman Mills asked
how large a loan was being proposed. Rob
and Rich stated that it would be $79,000 less 20 percent forgiveness. Ms. Soule stated that the forgiveness was
assured and not subject to budgetary availability.
(87:05 elapsed)
Rich Claytor, President of the Horsley Witten Group, stated that
they are a small, 30 year old business on the Cape. They have 50 people total, with offices in
Massachusetts, Rhode Island and Georgia.
An office is being opened in Exeter within the next few weeks, replacing
the Newburyport office.
They have a fair amount
of expertise working in the coastal area.
They have worked on clustered systems of about 50,000 gallons per day
which would support several houses, he said.
Selectman Musselman asked whether the two Horsley Witten
representatives knew Peter Lombardo. Mr.
Claytor confirmed.
Selectman Musselman stated that Mr. Lombardo
had been in Rye 35 years earlier to look at small systems for Rye Beach and Jenness Beach on rock and in wetlands.
Selectman Musselman asked what had happened to Wright Pierce. There were contracts with FB Environmental
and Wright Pierce, he said. Public Works
Director Dennis McCarthy stated that they had only been doing some of the BMPs. Editor’s
note: This is an apparent reference to
best management practices.
Mr. Claytor
said that his firm had not yet been hired.
Selectman Musselman said that they would need
to go through a process for that to happen.
Forrest stated that he had invited them to attend.
Mr. Claytor
showed some slides relating to a project in the salt ponds region of Rhode
Island. Editor’s note: A slide displayed
by Mr. Claytor showed a map indicating that the area
is adjacent to Green Hill Pond and Ninegret
Pond. Internet research indicates that
this is within the jurisdiction of South Kingston and/or Charleston, RI. See http://www.saltpondscoalition.org/PageGHPond.html. Mr. Claytor
showed photos of two possible solutions:
a bottomless sand filter and a shallow narrow drain field. The effluent can be disposed of in less than
a foot of soil. This can support up to
20-30 houses on one system. Mr. Claytor provided a lot of additional detail on how they
could implement a project. The intent of
their presence is to make sure that the Selectmen understand the project. Ultimately they are seeking approval to put
the project on the warrant, he said.
Selectman Jenness asked about the impact of sea level rise. Mr. Claytor stated
that they would take that into account.
Mr. Claytor
stated that all of the houses were built with the intent that each would take
care of their own wastewater. Many are
not able to do that because they are very old, there is not enough room, the
ground water is too high, it is built on a marsh, etc. However, the lot next door might work just
fine. If there are shared benefits the
adjacent property owner might work with his neighbor.
Selectman Musselman stated that he knew that the conclusion would be
that there are certain neighborhoods which require removing the waste water to
another location. The mapping is not
done yet. He had hoped that was going to
be part of the prior project. Once there
is sufficient data to sell that to residents they probably need to look to
adjacent areas, such as three or four blocks north of Marsh Rd. and areas west
of the marsh on Wallis Rd. where there are very small lots and bedrock
conditions. Selectman Musselman stated that he has been waiting for the needs
analysis to be done, which is more than bacterial sampling. We cannot go beyond “where we’re stuck” until
we know what areas cannot support septic systems, he said.
Ms. Soule stated that
the task as it stands in the grant includes $12,000 to do “super cursory”
septic system evaluations of 25 properties.
Those are voluntary. It is
proving to be very difficult to get people to allow them on site, so it is not
working out well, she said.
Selectman Musselman stated that he thought that the other part, which
was to fix septic systems, was premature.
They need the map to understand which areas will not support septic
systems first, he said.
Mr. Claytor
stated that the data indicates that there are several systems that are a
problem. The tide is probably coming up,
intersecting the bottom of the septic system, and sewage is flowing out, he
asserted.
There was further
discussion of the needs analysis and the proposed scope of work.
Selectman Musselman asked how a location would be found for the
systems. Most of the problematic lots
would require moving the waste water to an area where land can be acquired and
where there are suitable soil conditions.
That will probably be west of the wetlands, he said.
Mr. Claytor
said that it does not make economic sense to pump sewage .5 miles or 1 mile
down the road. They have come a long way
with some of the disposal systems. They
would push the envelope, which would need approval at the State level.
Selectman Musselman stated that the capital costs would not be
insignificant if the systems need to be 500 feet away. Pumping stations and land, which is going for
$400,000 per acre, would be required. He
asked whether the facilities would be privately or publicly funded.
Mr. Claytor
stated that both could be used. There
could be a shared easement and shared maintenance for perhaps three
houses. It might be possible to do this
with five separate systems in that area, he said.
Selectman Jenness asked about the available leverage. Mr. Claytor stated
that owners with old systems would be aware that the system would need to be
replaced at some point.
Selectman Musselman asked why connecting to the existing Rye sewer
system at Jenness Beach was not being proposed. Forrest stated that that would be part of the
feasibility study. Mr. Claytor stated that that capital cost would be
significant.
Selectman Musselman asked whether some public funding would be needed
for the clustered systems. Mr. Claytor stated that it depends on how significant the
problem is. He cannot answer that today,
he said.
Ms. Soule reiterated
that there was not enough funding. There
is only $12,000 for investigation and $15,000 for septic systems, which would
provide partial funding for only 3 systems, she said.
Kim Reed stated that there is a new septic
system going in at a location on the beach and that there are two failed septic
systems on Highland Park. There is
discussion with those homeowners about doing a shared septic system.
There was discussion
about redirecting some of the grant money from septic replacements to investigation. Ms. Reed stated that they had been thinking
about using this money for the systems on Highland Park.
Selectman Jenness stated that the septic systems are likely 50 years
old. Forrest stated that it would
provide $5000 from the grant for an estimated $35,000 system. Ms. Reed stated that, since then, they had
received a list of six property owners in the Marsh Rd. area that have failed
septic systems that Building Inspector Peter Rowell wants her to reach out
to.
Selectman Musselman asked whether the people on Highland Park would
have proper easements and legal documentation for the shared
responsibility. Ms. Reed confirmed.
Selectman Mills stated
that, if the houses are that old they are probably paid for and the owners can
afford new septic systems. Editor’s note: There are multiple assumptions implicit in
this statement, namely, that the original owners still own the house, that it
has not been refinanced, and that the owners have excess disposable income by virtue
of owning their house free and clear.
Ms. Reed stated that
the owners would install new systems whether or not government funds are made
available to them. She stated that the
money available would not pay for more than the engineering services or a small
portion of the cost.
Selectman Musselman asked about the grant contract language, which he
had not seen. It was agreed that that
would be provided.
Selectman Jenness asked whether there was any change once the bison
were gone. Forrest stated that they knew
there were human hits there. Selectman Musselman clarified that he was referring to “BCH27,” just
north of Geremia.
Selectman Musselman stated that they had done a fine job. He asked whether, if a process was gone
through to retain Horsley Witten, whether that would upset them. Mr. Claytor said
no. Selectman Musselman
stated that there are not a lot of people who do what they do. One of the persons from the DES stated that a
procurement process is not required from an SRF perspective.
(126:08 elapsed)
Selectman Mills asked
about the pond. Editor’s note: See the notes of
the September 28, 2015 and October 14, 2015 meetings at which algae in the pond
at the Breakers condominiums was discussed.
Ms. Soule stated that Rob Livingston has been out to do sampling and
would be going out again. The results
have been communicated to Peter Rowell.
There was discussion about the state of the pond, which was variously
described as green, orange and slimy.
Ms. Soule stated that
the amendment to the scope of the grant needs to be sent to the Governor’s
Council “now.”
Selectman Musselman moved to allow a change of the scope to provide
additional water quality sampling. It
was revealed that some of the money would be used for sniffing dogs in
November. Selectman Musselman
qualified his motion to make it subject to review of the contracts. All were in favor.
Selectman Musselman indicated that the $79,000 loan proposal would be
taken under advisement.
Town Clerk/Tax Collector budget (130:08 elapsed)
Town Clerk Beth Yeaton came up to sit at the Selectmen’s table.
Ms. Yeaton
stated that there would be four elections in 2016. There is no date yet for the presidential
primary. Editor’s note: There is a
presidential primary, a town election, a primary for other offices and the
national election. Each party has a
separate primary ballot, but the elections are held on the same day.
Ms. Yeaton stated
that there are two election accounts.
One has an increase due to the number of elections and the cost of
coding. In 2014 there was a general
election and a primary. In 2016 the
programming will be “enormous.” Each
name is a separate amount. The town
ballot can be quite hefty. Selectman Musselman stated that it is getting to be “a book.”
Selectman Musselman moved to approve the $22,600 budget
proposed. He stated that almost all of
the budgets had been cut, but this cannot be.
Ms. Yeaton
stated that, other than required increases for insurance and wages, her
increases have to do only with the elections.
Only what was absolutely necessary to increase has been increased.
The motion to approve
the $22,600 carried unanimously.
There were questions
about the second election account. Ms. Yeaton stated that, the Moderator’s pay of $100 per session
is usually not taken but money is set aside for the Deliberative Session and
each election. Ms. Gillespie stated that
the Moderator had been paid for a recent recount, which took all day. The proposed budget of $9950 was approved,
with all in favor.
(136:46 elapsed)
Ms. Yeaton stated
that postage was the biggest hit.
Selectman Mills noted
that the salary budget is $64,000 while the actual for 2015 is $48,000. Ms. Yeaton noted
that a significant part of the year is remaining. Ms. Gillespie noted that the reason it did
not go up a full two percent is that one less week has been budgeted. Editor’s
note: In the past, some years, including
2015, have been budgeted with approximately two percent extra for wages due to
53, rather than 52, pay days falling during the year.
Selectman Musselman asked why the wages were up more than two
percent. Ms. Yeaton
explained that Andrea Morrissey had transitioned to
full-time in April of this year.
Selectman Mills asked
whether that attributed for the difference between $84,000 and $91,000. Ms. Yeaton added
that the COLA had also resulted in an increase.
Editor’s note: COLA stands for cost of living
adjustment. See the notes of the
September 14, 2015 meeting. The union
contracts provide a floor of 2 percent for increases so, despite the fact that
inflation was up only .2 percent, wages will increase 2 percent. Although Town employees other than police,
fire and public works are not unionized, traditionally these other employees
have received the same increases as apply to the union employees. Ms. Yeaton
stated that there was no increase in hours.
Selectman Musselman asked about software licensing fees. He noted that $10,250 had been budgeted, but
only $9270 spent. The year before the
expenditure was $9064. He asked whether
the budget could be reduced to $9300.
Ms. Yeaton said that it could be reduced a
little. Ms. Gillespie stated that the
full $10,250 would likely be needed.
Selectman Musselman asked about the Rockingham Registry fees. Ms. Yeaton stated
that these are recording fees. These
vary depending on the number of liens.
It could possibly be reduced to $1500, she said.
Selectman Musselman noted that the $2500 budgeted for printing had
not been spent. Ms. Yeaton
stated that she had not sent the tax bills and envelopes out for printing as
there is almost no space to store them.
Selectman Musselman noted that the binding budget was not being
spent. Ms. Yeaton
stated that recently, rather than binding, archival boxes are being used. She suggested that the binding could be
reduced to $1200.
(143:03 elapsed)
Selectman
Musselman stated that the proposed changes would be a
cut of $1600 to $273,133. He so
moved. Selectman Jenness
asked whether there was a second.
Selectman Mills said no.
Selectman Mills stated
that he would like to reduce the wages from $91,409 to $84,805, the amount for
“last year.” That was increased last
year based on Ms. Yeaton’s word that they would be
open on Saturdays. From March until
August 22 the office was closed on five Saturdays and “we” were not
notified. He said:
“You gave me your word that this place would be open
on Saturday morning between 8:00 and 12:00, that if, Andrea wasn’t available,
Donna wasn’t available, that you would come in.
I find it very hard that three people, one person out of three people
cannot be available for a Saturday morning…”
Ms. Yeaton began to respond. Selectman Mills cut her off, raised his voice
and pointed his finger at Ms. Yeaton, and continued,
saying “especially when you gave me your word you were gonna
be open, that you would cover it yourself.”
Ms. Yeaton
stated that she would take the blame for one of the Saturdays. Everyone was going to be out of town. The other four Saturdays were totally out of
her control because of the lack of State support to do motor vehicle
registrations. If that is not available
there is no reason for the office to be open.
Selectman Musselman agreed, saying that people
would come to Town Hall and then have to come back again.
After further
questioning from Selectman Mills, Ms. Yeaton
acknowledged the scheduling error on her part relating to one of the Saturdays
and again apologized. In response,
Selectman Mills raised his voice and said:
“We did you a favor by increasing the hours so your
third clerk could go full-time and get benefits. Okay.
We did you a favor… I’ve been
upset since I walked in the door and saw the note on the door that it was closed
on the 22nd.”
Selectman Musselman asked whether there would be Saturdays during
2016 when the State would be closed. Ms.
Yeaton stated that she would need to look at the
schedule but there are two more Saturdays this year: the Saturdays after Thanksgiving and
Christmas. On weeks that the office is
closed on Saturday, Andrea works a full day on Tuesday instead of taking three
hours off that day, she said.
There was further
argument between Selectman Mills and Ms. Yeaton
regarding whether the closings were beyond her control. He stated that the taxpayers had agreed to
pay the additional money but the office had been closed.
Selectman Jenness stated that the favor had been to the taxpayers who
find it easier to register their cars on Saturday. Selectman Mills disagreed, saying that the
favor had been to Ms. Yeaton. Ms. Yeaton
disagreed, saying the extra time was needed.
Selectman Musselman said that the decision for
him was not based on enabling Andrea to receive benefits. Selectman Mills stated that Selectman Musselman had come up with the data to show that there is
no other community the size of Rye that has three full-time employees in the
town clerk/tax collector’s office.
Selectman Musselman stated that he did not
recall that.
Selectman Jenness stated that they were trying to find out whether
the service would be utilized, which would take a full year. They had not understood that there would be
Saturdays without State support. Ms. Yeaton stated that she was not aware of that either.
Selectman Mills spoke
about a person seeking a beach sticker driving up from Boston and discovering
that the office was closed due to the State motor vehicle people “having a
party.”
Mr. Magnant
suggested that the office be open one evening during the week if the office is
going to be closed on Saturday. Ms. Yeaton stated that she did not have a problem with that.
Selectman Mills changed
the subject to Ms. Yeaton’s retirement in April. He stated that “you and Donna went to the
town clerk’s thing, the both of youse (sic). Why did you go, if you’re retiring in April.” Ms. Yeaton asked why she wouldn’t and confirmed that she went
every year.
Selectman Mills raised
his voice and said “this discussion can go on until tomorrow. I’m not changing my vote, because I’ve made
promises to people to reduce the hours in the Town Clerk/Tax Collector’s
office. Okay.”
Selectman Jenness stated that it would be easy, going forward, to
publicize the closings so that people are aware.
Selectman Mills changed
the subject to a complaint letter from a person on Washington Rd. Ms. Yeaton stated
that there had been one letter of complaint in a number of years.
Selectman Jenness stated that they needed to get back to work. Selectman Musselman
revised his motion to approve $273,133 with the caveat that, on Saturdays that
the State motor vehicle department is closed that the office be open one
evening during the week, well-publicized beforehand. Selectman Jenness
seconded. The motion carried 2-1,
Selectman Mills opposed.
(134:49 elapsed)
Selectman Mills raised his voice, pointed
his finger and said:
“I’ve been sitting in this seat, okay, a hell of a lot
longer than both of you, either one of you, okay. And, I have been fooled many times, but not
like this time here. I was fooled. And, you people, I’m telling you right now,
I’m a vindictive ‘son of a b.’ You people will pay for your vote
right now. You went against that. Okay.
And, you can take it as a threat.”
Assessing services recommendation (155:24 elapsed)
Mr. Magnant
suggested that the matter be tabled to the next meeting. There is a spreadsheet in their packets
outlining the responses. However they
did not get the actual responses.
Selectman Musselman so moved. Selectman Jenness
seconded after Selectman Mills declined to second the motion. The motion carried 2-1, Selectman Mills
opposed.
Ratification of vote eliminating Finance
Assistant position (156:22 elapsed)
Selectman Musselman explained that the position had been down to ten
hours per week and they are finding that it is no longer needed and it is not
in the 2016 budget. He moved to
eliminate the part-time position effective October 23, 2015. Selectman Jenness
seconded. The motion carried 2-1,
Selectman Mills opposed. Editor’s note: This position has been occupied by Sue Dunfey, who formerly worked in the Building Inspector’s
office. The initial vote had apparently
been taken in non-public session.
Garceau unmerger request (157:35 elapsed)
Selectman Jenness noted that they had been at a site walk at the
location earlier in the day. She noted
that Selectman Mills had not arrived on time and that the meeting had been
started because it was getting dark.
They walked out on the marsh.
There is a pier or wharf at the back of the property that extends from
where Mr. Garceau’s home is to the creek, she said.
Mr. Garceau
made the correction that the pier starts on a separate lot.
Selectman Musselman related what Town Attorney Donovan had stated in
a letter. Until December 31, 2016,
owners of involuntarily merged lots may unmerge them on request to the Board of
Selectmen. The request must be granted
unless the lots have previously been voluntarily merged by an owner in the
chain of title. Otherwise, those merged
prior to September 18, 2010 shall be restored to their premerger status. Mr. Donovan’s analysis of this situation is
that, if the pier has been used by the Garceaus for
docking a boat used by them, then it would be an accessory use of lot 23,
somewhat akin to a garage. That would be
evidence of a voluntary merger.
Selectman Musselman stated that, on the site
walk, it was determined that the Garceau’s had built
the dock after they acquired the land and that it had been used from the
adjacent lot. Based on those facts, they
cannot grant the unmerger request.
Mr. Garceau
stated that the lot is treated by itself and the pier is on the separate
lot. What is being discussed here is the
lot itself, not the use. He stated that
the lot was purchased separately, with no pier on it, after the house was
built. He confirmed that there could be
access to boats from the house, but argued that the lot was separate. The RSA addresses the lot itself, not the use
of the lot.
Selectman Musselman stated that the two lots had been used jointly,
which is the point.
Mr. Garceau
acknowledged that it had been used as such, but there had been no merger
request. Merger was not required for the
use of the property. Conversely, two
other lots had been voluntarily merged to create a buildable lot for the
house. The pier is a permitted use on
wetlands, he said.
Selectman Jenness stated that Attorney Donovan had cited Roberts
v. Town of Windham. The New
Hampshire Supreme Court had indicated that overt actions could establish a
voluntary merger. Editor’s note: The issue in Roberts
v. Town of Windham, 165 N.H. 186, 192 (2013) was whether a garage
constructed within two inches of a lot line, facing the other lot, and with
which it shared a driveway, established an intent to voluntarily merge the
lots. The Supreme Court determined that
it did.
Mr. Garceau stated
that it had been separate. There had
been no requirement that he acquire the lot.
Selectman Musselman
moved that the matter be tabled for a further opinion from Town Counsel. Selectman Jenness
seconded after Selectman Mills refused to do so. The motion carried 2-1, Selectman Mills opposed.
There was discussion
about Selectman Mills having found a hypodermic needle at the Recycling Center
recently. He further stated that the
location of the metal container is not acceptable.
Race Permit (169:32 elapsed)
Police Chief Kevin
Walsh requested that a permit be approved for a race that would start in
Portsmouth, goes down Sagamore Rd. to Pioneer, onto
Brackett, then Marsh, Ocean Blvd., then Pioneer Rd. and back onto Sagamore Rd. and then Wentworth Rd. This would probably be the last race of the
season.
The biggest challenge would be keeping the
participants single file on Pioneer Rd.
One of the detail cruisers would be tasked with that, he said.
Selectman Mills asked
Mr. Magnant whether he would be participating. He said that he would not. Selectman Musselman
stated that he would not be participating this year either.
Selectman Jenness stated that 1200 is a lot of participants. There
had been a complaint about the Granite State Wheelmen, she said. Chief Walsh noted the steps that were being
taken to avoid problems in the future.
Selectman Musselman made a motion to approve the race permit. Selectman Jenness
seconded after Selectman Mills refused to.
All were in favor.
Adjournment (172:24 elapsed)
Selectman Musselman then moved to adjourn. Selectman Mills refused to second the
motion. Selectman Musselman
said that Selectman Mills would need to stay all night and asked whether anyone
had a pillow. Whereupon
the meeting adjourned at approximately 9:40 p.m.